Season 2 Episode 5- Defense Trade Down Under
On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more
In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more
The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...more
Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more
On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union (the Court) delivered its judgment in Case C-741/19, Republic of Moldova v Komstroy LLC, finding that the acquisition of a claim arising...more
On 30 December 2020, the leaders of China and the European Union jointly announced the completion of the negotiation of the EU-China Comprehensive Agreement on Investment (CAI) as scheduled. Following the post-Brexit trade...more
On 30 December 2020, the EU and China concluded in principle the negotiations for a wide-ranging investment treaty, the Comprehensive Agreement on Investment ("CAI"), after seven years of discussions. The CAI is expected...more
Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by...more
In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more
An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by...more
With the UK General Election on 12 December 2019 only days away, both of the leading parties are promising policies that in different ways may impact inward investors into the UK. Whether this is the rapid Brexit promised by...more
A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more
Introduction - In a decision rendered on 18 June 2019 (joint Cases T 624/15, T 694/15 and T 704/15), the General Court of the European Union (the Court) annulled the European Commission’s (the EC) decision 2015/1570 of 30...more
In a long-awaited ruling of June 18, 2019, the General Court of the EU (GCEU) annulled the European Commission’s State aid 2015 decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The factual...more
On March 29, 2019, the Office of the United States Trade Representative (USTR) published its annual National Trade Estimate (NTE) Report on Foreign Trade Barriers, which "highlights significant foreign barriers to U.S....more
This is the fifth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
The Comprehensive Economic and Trade Agreement (“CETA”) concluded between Canada and the European Union (“EU”) celebrated its first birthday in September last year. While both Canada and the EU have reported that the benefits...more
Striking a balance between the UK’s obligations under the ICSID Convention and under EU law - ?On 27 July 2018, the Court of Appeal delivered its judgment in Viorel Micula and others v Romania and European Commission...more
Since 2011, the compatibility of the States' consent to investment arbitration in Bilateral Investment Treaties (BIT) with European Union law (EU law) has been strongly discussed in Europe. ...more
• The European Union (EU) Commission and the Mexican Ministry of Economy published in April 2018 the negotiated text of the modernized EU-Mexico Free Trade Agreement (FTA), although it is not expected to take full effect...more
In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is...more
Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more
FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more
In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more
The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more